BILL  No,  66, 


Jt^lljli    i\0,    DO.  ^  ^ 


SENATE  BILL 


A  BILL 

To  amend  and  re-enact  the  1st  and  'Sd  sections  of  an  act  passed  March 
29,  1862,  entitled  an  act  to  suspend  sales  and  legal  proceedings  in 
certain  cases,  and  to  repeal  an  ordinance  to  provide  against  the  sacri- 
fice of  property  and  to  suspend  proceedings  in  certain  cases,  passed 
on  the  SOth  dag  of  April  1S61,  by  the  convention  of  Virginia. 

1.  Be  it  enacted  bv  the  general  assembly,  That  the  1st  and  3d 

2  sections  of  an  act  passed  March  29th,  1862,  entitled  an  act  to  sus- 

3  pend  sales  and.  legal  proceedings  in  certain  cases,  and   to  repeal  an 

4  ordinance  to  provide  against  t]ie  sacrifice  of  property  and  to  sus- 

5  pend  proceedings  in  certain  cases,  passed  on  the  30th  day  of  April 

♦ 

6  1861,  by  the  convention  of  Virginia,  be  amended  and  re-enacted  so 

7  as  to  read  as  follows  : 

"§1.  Be  it  enacted  by  the 'general  assembly.  That  except  in 

2  cases   hereinafter   provided,  no  writ  of  elegit,  fieri  facias  or  vendi- 

3  tioni  exponas,  other  than  in  favor  of  the  commonwealth  or  against 

4  persons  not  residing  in  the  commonwealth,  shall  hereafter  be  issued 

5  until  otherwise  provided  by  law,  nor  shall  there  be  any  sales  under 

6  deeds  of  trust  executed  prior  to  the  30th  day  of  April  1861,  or  de- 


2  Bill  No.  66. 

7  crees,  until  otherwise  provided  by  law,  except  in  cases  in  which  the 

8  parties  entrusted  consent  thereto,  in  cases  in  which  the  debtor  has 

9  absconded  to  the  public  enemy,  and  in  cases  in  wliich  any  of  said. 

10  parties  being  incompetent,  by  reason  of  infancy  or  other  disability, 

11  to  give  such  consent,  a  court  of  competent  jurisdiction  shall  deter- 

12  mine  that  the  interests  of  the.  parties  would  be  promoted  by  such 

13  sale  :  provided  that  this  section  shall  not  be  construed  to  require 

14  the  consent  of  persons  not  residing  in  this  state,  or  of  persons  who 

15  have  absconded  to  the  enemy,  as  necessary  to  any  such  sales :  and 

16  provided  further,  that  this  section  shall  not  apply  to  any  attach- 

17  ment,  or  proceedings  thereupon,  authorized  by  chapter  151  of  the 

18  Code  of  Virginia,  (edition  of  180Q)  except  that  no   order  of   the 

19  court  or  justice  against  a  resident  garnishee  for  the  payment  of 

20  money  due  to,  or  the  effects  of  the  principal  defendant,  shall  be  en- 

21  forced  until  otherwise  provided  by  law." 

*'  §  3.  Except  in  prosecutions  on  behalf  of  the  commonwealth, 

2  actions  of  detinue,  unlawful  entry  or  detainer,  actions  of  ejectment, 

3  and  suits  wherein  attachments   shall  be  sued  out  under  the  pro- 

4  visions   of  chapter  151  of  the   Code  of  Virginia,   (edition  of   the 

5  year  1860)  in  which  said  prosecutions,  actions,   suits  and  attach- 

6  ments,  trials  may  be  had  as  heretofore,   there  shall  be  no  trial  of 

7  any  cause  requiring  the  intervention  of  a  jury,  nor  of  warrants 

8  upon  small  claims  before  a  justice  of  the  peace  or  other  officer,  ex- 

9  cept  with  the  consent  of  the  parties  thereto  :  provided,  however, 

10  that  the   court  for   the  probate  of  a  will   may,  as  provided  by  the 


Bill  No.  66.  3 

11  said  Code  of  Virginia,  order  a  trial  by  jury,  and  that  issues  may  be 

12  ordered  by  courts  of  equity  and  tried,  and  writs  of  ad  quad  dam- 

13  num  awarded  and  executed  as  now  authorized  by  law." 

2.  This  act  shall  be  in  force  from  its  passage. 


